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Kristin E. Hickman @khickmanjd.bsky.social · 5d

Many thanks to CA6 Judge Amul Thapar for taking the time to talk with different groups of @umnlawschool.bsky.social students & faculty today, & to our student Federalist Society chapter for taking the lead on hosting him.

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Kristin E. Hickman @khickmanjd.bsky.social · 7d

For those who follow tax & admin, the 8th Circuit just reversed the Tax Court in favor of the taxpayer in the big 3M transfer pricing case, citing Loper Bright plus the #SCOTUS First Security Bank decision, & treating Brand X as dead (rightly IMO).
ecf.ca8.uscourts.gov/opndir/25/10/233772P.pdf

U.S. Court Of Appeals

ecf.ca8.uscourts.gov

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Kristin E. Hickman @khickmanjd.bsky.social · 8d

Delighted to be @umichlaw.bsky.social today to present my paper with Amy Wildermuth, Harmonizing Delegation and Deference After Loper Bright, at the public law workshop. Many thanks to @jdmortenson.bsky.social & @profrrothschild.bsky.social for inviting me.
papers.ssrn.com/sol3/papers....

Harmonizing Delegation and Deference After Loper Bright

By overturning Chevron, the Supreme Court's Loper Bright decision clearly changed the way in which courts must approach agency actions interpretin

papers.ssrn.com

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Kristin E. Hickman @khickmanjd.bsky.social · Aug 23

From @orinkerr.bsky.social, highly recommended for my 1L students, although my 2Ls and 3Ls might also glean insights given the benefit of hindsight.

Orin Kerr @orinkerr.bsky.social · Aug 23

Are you starting your 1L year this fall? Here's my explainer for what is ahead and what you should and shouldn't do.
www.youtube.com/watch?v=Ayl3...

"So You're About To Start Law School": A Law Student's Guide with Stanford Law Professor Orin Kerr

YouTube video by Law School Videos

www.youtube.com

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Kristin E. Hickman @khickmanjd.bsky.social · Aug 8

This from @orinkerr.bsky.social is so true. Also recommend the essay.

Orin Kerr @orinkerr.bsky.social · Aug 7

If you're a 1L starting law school in coming weeks, just remember: You're *supposed to* feel a bit confused at first. It's normal. Law is like a language. You learn it best through immersion. You'll take a few weeks to get to speed.

This may help, too:
papers.ssrn.com/sol3/papers....

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Kristin E. Hickman @khickmanjd.bsky.social · Aug 7

For users of the Hickman, Pierce, & Walker federal admin law textbook, @chrisjwalker.bsky.social has posted the link to our summer supplement at the Notice & Comment blog. We're working on the 5th edition. Feedback from users is always welcome.

Chris Walker @chrisjwalker.bsky.social · Aug 7

Last week Kristin Hickman, Dick Pierce, and I finished the 2025 summer update to our federal administrative law casebook. The 5th Edition will be available next summer!

Details and link to update: www.yalejreg.com/nc/summer-20...

Summer 2025 Update to the Hickman-Pierce-Walker Federal Administrative Law: Cases and Materials - Yale Journal on Regulation

Kristin, Dick, and I have just published the Summer 2025 Update to our federal administrative law casebook. From the introduction: Administrative law is a dynamic field, and there are always interesti...

www.yalejreg.com

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Kristin E. Hickman @khickmanjd.bsky.social · Jul 25

Always interested in what @ajosephoconnell.bsky.social has to say about acting appointments. Here with @jacklgoldsmith.bsky.social about the New Jersey U.S. Attorney situation.
executivefunctions.substack.com/p/anne-josep...

Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter

And the larger tangled state of the law of appointments and vacancies

executivefunctions.substack.com

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Kristin E. Hickman @khickmanjd.bsky.social · Jul 25

New work from @kewhittington.bsky.social on diversity statements, academic freedom, and the first amendment, forthcoming Nebraska L. Rev., via @volokhc.bsky.social, the link is here:
kewhitt.scholar.princeton.edu/sites/g/file...

Kristin E. Hickman @khickmanjd.bsky.social · Jul 23

Congratulations to my @umnlawschool.bsky.social colleague @niaolainf.bsky.social upon receiving this special honor.

Minnesota Law @umnlawschool.bsky.social · Jul 22

Professor @niaolainf.bsky.social KC (Hons), has been elected a Fellow of the British Academy, in recognition of her outstanding contributions to the humanities and social sciences.

Congratulations, Professor Ní Aoláin!
z.umn.edu/akst

Professor Fionnuala Ni Aolain KC (Hons) on the Washington St. bridge with the Mpls skyline in the background.

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Kristin E. Hickman @khickmanjd.bsky.social · Jul 18

Attention law profs and other authors. My @umnlawschool.bsky.social Minnesota Law Review students do a great job with the editing process. Submit today!

Scholastica Law Reviews @scholasticalr.bsky.social · Jul 18

Minnesota Law Review is now open and accepting submissions on Scholastica!

Submit your article here: https://minnesota-law-review.scholasticahq.com/for-authors #LRSubmissions

Image of a law school library with the words "law reviews are opening!" and #LRSubmissions overlaid

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Kristin E. Hickman @khickmanjd.bsky.social · Jul 12

Delighted to boost this new paper from @tphillips.bsky.social and my @umnlawschool.bsky.social colleague @nicholasbednar.bsky.social, just posted @ssrn.bsky.social. Very important issue! Per Nick, it has graphs! Check it out!

Todd Phillips @tphillips.bsky.social · Jul 11

🚨@nicholasbednar.bsky.social and I have a new article titled Commission Quorums.

In light of firings rendering the NLRB and MSPB quorum-less, we review caselaw, common law principles, and the quorum rules of 76 commissions to understand the law of quorums. 1/

papers.ssrn.com/sol3/papers....

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Kristin E. Hickman @khickmanjd.bsky.social · Jun 13

I am so sorry for your loss, Sam. May her memory be a blessing.

Kristin E. Hickman @khickmanjd.bsky.social · Jun 12

For those who follow admin law developments, the bi-annual ACUS plenary is underway, considering recommendations for agency investigative procedures; consultation with state, local, & tribal governments; & public participation in agency adjudications. It's livestreamed.
www.acus.gov/event/83rd-p...

83rd Plenary Session | Administrative Conference of the United States

For the General PublicThe plenary proceedings will be broadcast for public viewing. A livestream link will be posted to this page prior to the event.

www.acus.gov

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Kristin E. Hickman @khickmanjd.bsky.social · May 15

Just shy of 200 pages of post-Loper Bright analysis, including a Chevron post-mortem, analysis of the justices' opinions in Loper Bright, and summaries of 72 SCOTUS Chevron decisions that might be eligible for statutory stare decisis post-Loper Bright.

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Kristin E. Hickman @khickmanjd.bsky.social · May 15

uper excited that the special supplement of the Admin Law Treatise on statutory & regulatory interpretation in admin law after Loper Bright is now out @wolterskluwer.com! Lots of great stuff. See 👇

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 20

Many thanks, Nick.

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 19

Many thanks, Julian!

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 19

2/2: For those skeptical that Skidmore has a role to play after Loper Bright, I have noticed that some lower courts are applying Skidmore's factors while citing Loper Bright rather than Skidmore in their analysis. Maybe I'll write a follow-on essay or blog post at some point?

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 19

1/2: Happy to say that my Duke Law Journal Online (@dukelaw.bsky.social) essay on Skidmore after Loper Bright has been published. The DLJ student editors did a great job. I am grateful for their hard work & enthusiasm.
scholarship.law.duke.edu/dlj_online/1...
I have one follow-on thought below:

"Anticipating a New Modern Skidmore Standard" by Kristin E. Hickman

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “respect” or “weight” under the Skidmore standard during ju...

scholarship.law.duke.edu

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 17

Congratulations to my @umnlawschool.bsky.social colleague @nicholasbednar.bsky.social! Publication is a great excuse to check out the final version of the article, even if you read an earlier draft.

Nick Bednar @nicholasbednar.bsky.social · Apr 17

My article, Presidential Control and Administrative Capacity, is live with Stanford L. Rev. The argument: Administrative capacity poses a greater constraint on presidential action than a lack of control. Policymaking requires a strong federal workforce.

www.stanfordlawreview.org/print/articl...

Presidential Control and Administrative Capacity | Stanford Law Review

www.stanfordlawreview.org

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Kristin E. Hickman @khickmanjd.bsky.social · Apr 12

Congrats to @nyulawreview.bsky.social & @policyintegrity.bsky.social for a fantastic symposium. Interesting & timely remarks from
@chris_j_walker & many others. So grateful for the opportunity to join & highlight Harmonizing Delegation & Deference After Loper Bright.
papers.ssrn.com/sol3/papers....

Chris Walker @chrisjwalker.bsky.social · Apr 11

The @nyulawreview.bsky.social and @policyintegrity.bsky.social have organized a terrific administrative law symposium today. My @umichlaw.bsky.social colleague @jdmortenson.bsky.social is here to talk about history, and I'm on a panel that is charged with ignoring history. 🤓

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Kristin E. Hickman @khickmanjd.bsky.social · Mar 20

More information on the symposium is available here:
law.duke.edu/events/duke-...

law.duke.edu

Kristin E. Hickman @khickmanjd.bsky.social · Mar 20

The link to Prof. Tierney's excellent essay @ssrn.bsky.social is here:
papers.ssrn.com/sol3/papers....

Jarkesy's Stakes for the SEC

This essay examines the implications of the Supreme Court’s decision in SEC v. Jarkesy for the Securities and Exchange Commission (“SEC”). In Jarkesy, the Court

papers.ssrn.com

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Kristin E. Hickman @khickmanjd.bsky.social · Mar 20

Happy to be traveling to @dukelaw.bsky.social for the annual Duke Law Journal administrative law symposium. I will be commenting on Jarkesy's Stakes for the SEC by @jamesftierney.bsky.social & presenting my own essay on Skidmore after Loper Bright.
papers.ssrn.com/sol3/papers....

Anticipating A New Modern Skidmore Standard

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “r

papers.ssrn.com

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Kristin E. Hickman @khickmanjd.bsky.social · Mar 18

For followers in the Twin Cities area, this upcoming @umnlawschool.bsky.social endowed lecture by @noahfeldman.bsky.social promises to be an interesting talk. Registration is open and the event is free to the public. Link and additional details are below.

Minnesota Law @umnlawschool.bsky.social · Mar 17

Noah Feldman, Felix Frankfurter Professor of Law, Chair of the Society of Fellows, and founding director of the Julis-Rabinowitz Program on Jewish and Israeli Law at Harvard University will deliver the inaugural Charles Rubenstein Lecture 4/8/25 at Minnesota Law.
z.umn.edu/RubensteinLecture2025

Inaugural Charles Rubenstein Lecture featuring Prof. Noah Feldman, Felix Frankfurter Professor of Law, Chair of the Society of Fellows, and founding director of the Julis-Rabinowitz Program on Jewish and Israeli Law at Harvard University. Lecture title: The Pervasive Method: Jews in American Legal Education. Tuesday, April 8, 2025; 4 to 5 p.m. Lecture, room 25; 5 to 6 p.m. Reception, Auerbach Commons

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